Ali Imam Shah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11890 of 2015 (2) dt.26-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11890 of 2015 Arising Out of PS.Case No. -258 Year- 2013 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Ali Imam Shah S/o Late Nathuni Shah

2. Asgar Shah S/o Late Taiyab Shah

3. Md. Nausad Shah @ Naushad Shah S/o Asgar Shah All are Resident of Village Madhuban got, P.S. Bajpatti, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bajpatti P.S. Case No. 258 of 2013 registered under Sections-364, 34, 120(B) of the Indian Penal Code.

It is an admitted position that the daughter of the petitioner No. 1 was married with the son of the informant and prior to filing of present case, the daughter of petitioner No. 1 had filed complaint case bearing Complaint Case No. C-483 of 2012 against the informant and other family members for the offence punishable under Section-498A & other minor sections of the Indian Penal Code as well as Sections-498(A), 323, 324, 379, 149

Patna High Court Cr.Misc. No.11890 of 2015 (2) dt.26-03-2015 of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act. Moreover, the victim has already returned to his home and he has admitted in his statement recorded u/S 164 of the Cr. P.C. that the petitioner No. 1 had dropped him near the court and then, his statement was recorded.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, in the event of their arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bajpatti P.S. Case No. 258 of 2013 to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T